LexThe Goa Highways Act, 1974
Goa · state statute
Open in Lexace · Ask the AI about this act---1--- GOVERNMENT OF GOA The Goa Highways Act, 1974 (Act No. 10 of 1974) [21st June, 1974] AN ACT to provide for the restriction of ribbon -development along highways, for the prevention and removal of encroachments thereon, for the construction, maintenance and development of highways, for the levy of betterment charges and for certain other matters connected therewith. Whereas it is expedient to provide for the restriction of ribbon development along highways, for the prevention and removal of encroachments thereon, for the construction, maintenance and development of highways, for the levy of betterment charges and for certain other matters; Be it enacted by the Legislative Assembly of Goa, in the Twenty -fifth Year of the Republic of India as follows:— CHAPTER I Preliminary 1 Short title, extent and commencement.— (1) This Act may be called the Goa 1[Omitted] Highways Act, 1973. (2) It extends to the whole of the Union territory of Goa, Daman and Diu. (3) This section shall come into force at once. The Government, may, by notification in the Official Gazette, direct that all or any of the remaining provisions of this Act, shall come into force in such area and on such date as may be specified in the notification: Provided that the Government may, by notification issued in like manner, exclude any road or way or class of roads or ways situated in such area from the operation of all or any of the provisions of this Act. 2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,— (a) “animal” means any domestic or captive animal; (b) “building” includes any erection of whatsoever material and in whatsoever manner constructed (including a farm building for agricultural purposes) and also includes plinths, doorsteps, walls (including compound walls and fences) and the like; (c) “building line” means a line on either side of any highway or part of a highway fixed in respect of such highway or part by a notification under sub -section (1) of section 7; (d) “control line” means a line on either side of a highway or part of a highway beyond the building line fixed in respect of such highway or part by a noti fication under sub-section (1) of section 7; (e) “encroachment” means any unauthorised occupation of any highway or part thereof, and includes an unathorised— ---2--- (i) erection of a building or any other structure, balconies, porches, projections, on or over or overhanging the highway; (ii) occupation of a highway beyond the prescribed period, if any, for stacking building materials or goods of any other description, for exhibiting articles for sale, for erecting poles, awnings, tents, pandals, hoardings and other similar er ections or for parking vehicles or stabling animals or for any other purpose, and (iii) excavation or dumps of any sort made or extended on any highway or underneath such highway; (f) “to erect” with its grammatical variations in relation to a building means to construct, reconstruct, extend or alter structurally a building; (g) “excavation” in relation to any piece of land does not include any workings which do not pierce the surface of that piece of land; but includes wells and tanks; (h) “Government” means the Adminis trator of the Union territory of Goa, Daman and Diu appointed under article 239 of the Constitution; (i) “highway” means any road or way over which the public have a right of way or are granted access and which is declared to be a highway under section 3 and f or the purposes of this Act and includes— (i) any land acquired or demarcated with a view to construct a highway along it; (ii) the slopes, berms, borrow -pits, foot -paths, pavements, and side, catch and boundary drains attached to such road or way; (iii) all bridges, cul verts, tunnels, causeways, carriageways and other structures, constructed on or across such road or way; and (iv) all trees, fences, posts, boundary, furlong and mile stones, and other highway accessories and materials stacked on the road or way or any land appertement to such highway; (j) “Highway Authority” means the authority appointed as such or to which the functions of such authority are entrusted under section 4; (k) “highway boundaries” means the boundaries of a highway fixed in respect of such highway by a notification under sub-section (1) of section 7; (l) “means of access” includes any means of access, whether private or public, for vehicles or for foot passengers and includes any street; (m) “middle of highway” means the point halfway between the highway boundaries; (n) “occupier” includes:— (i) any person who for the time being is paying or is liable to pay to the owner rent or any portion of the rent of the premises in respect of which such rent is paid or is payable; (ii) an owner living in or otherwise using his premises; (iii) a rent-free tenant; ---3--- (iv) a licensee in occupation of any premises; and (v) any person who is liable to pay to the owner damages for the use and occupation of any premises; (o) “Official Gazette” means the Goa, Daman and Diu Government Gazette; (p) “owner” means;— (1) when used with reference to any premises, the person who receives the rent of the said premises or who would be entitled to receive the rent thereof if the premises were let and includes— (i) an agent or trustee who receives such rent on account of the owner; (ii) an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any premises devoted to religious or charitable purposes; (iii) a receiver, sequestrator or manager appointed by any court of competent jurisdiction; and (iv) a mortgagee-in-possession. (2) when used with reference to an institution or body corporate, the manager of such institution or body corporate. (q) “prescribed” means prescribed by rules made under this Act; (r) “railway administration” has the same meaning as in the Indian Railways Act, 1890; Central Act 9 of 1890. (s) “vehicle” includes a barrow, sledge, plough, drag and a wheeled conveyance of any description capable of being used on a highway; Central Act 1 of 1894. (t) the expressions “land”, “persons interested” and “persons entitled Central Act 1 of 1894. to act” used in this Act shall have the same meanings as the said expressions have in the Land Acquisition Act, 1894. CHAPTER II Declaration of Highways, Highway Authorities and their Powers and Functions 3. Declaration of roads, ways or lands as highways. — The Government may, by notification in the Official Gazette, declare any road, way or land to be a highway and classify it as— (i) a State Highway, (ii) a major district road, (iii) other district road, or (iv) a village road 2[or a Urban Road]. 3[Provided that no road within the limits of the City of Panaji Corporation or a Municipal Council upto the distance terminating to National Highway shall be declared as State Highway.] ---4--- 4. Appointment of Highway Authorities.— The Government may, by notification in the Official Gazette, appoint for the purposes of this Act or any of its provisions any persons or any authority to be a Highway Authority for all the highways in the Union territory of Goa, Daman and Diu, or in parts of the Union territory or for any particular highway or highways therein, specified in the notification. 5. Powers and duties of Highway Authorities. — Subject to such conditions as may be specified in the notification appointing a Highway Authority and subject to the general or special orders of the Government, a Highway Authority shall exercise powers and discharge duties in accordance with the provisions of this Act for the restriction of ribbon development along highways, for the prevention and removal of encr oachments and for all matters necessary and incidental to any or all of the above subjects. Also subject to the approval of the Government and to such general or special orders which the Government may make in this behalf, it shall be lawful for a Highway Authority to undertake the construction, maintenance, development or improvement of highways. 6. Officers and servants of the Highway Authority. — For the purpose of enabling a Highway Authority to exercise the powers conferred and to discharge the duties impo sed upon it by or under the provisions of this Act, the Government may appoint such officers and servants as it deems necessary to work under such Authority. CHAPTER III Restriction of Ribbon development 7. Powers to fix boundary building and control lines of highways.— (1) In any area in which the provisions of this Act have been brought into force, and (i) where either any road, way or land has been declared to be a highway under section 3, or the construction or development of a highway is undertaken or proposed to be undertaken, and (ii) the Government considers it necessary to fix, as respects such highway, the highway boundary, the building line or control line the Government may, by notification in the Official Gazette, fix, as respects such highway, the highway boundary, the building line and the control line: Provided that, having regard to the situation or the requirements of a highway or the condition of the local area through which a highway passes, it shall be lawful for the Government to fix differe nt building or control lines in respect of any highway, or portions thereof. (2) Not less than sixty days before issuing a notification under sub -section (1) the Government shall cause to be published in the Official Gazette and in the prescribed manner in the village and at the headquarters of the taluka of the district in which the highway is situated a notification stating that it proposes to issue a notification in terms of sub-section (1), and specifying therein all the lands situated between the highway boundary and the control line proposed to be fixed under such notification and in the case of new works, also lands benefiting by the construction or development of the highway, as the case may be, together with a notice requiring all persons affected by su ch notification, who wish to make any objections or suggestions with respect to the issue of such a notification, to submit their objections or suggestions in writing to the Highway Authority or appear before such authority, within two months of the public ation of the notification in the Official Gazette or within one month from the date of the publication of the notification in the village, whichever period expires later. ---5--- (3) The Highway Authority shall, after all such objections or suggestions have been considered or heard, as the case may be, and after such further inquiry, if any, as it thinks necessary, forward to the Government a copy of the record of its proceedings held by it together with a report setting forth its recommendations on the objections or suggestions. (4) If, before the expiration of the time allowed by sub -section (2) for the filing or hearing of objections or suggestions, no objection or suggestion has been made, the Government shall proceed at once to issue the notification under sub -section (1). If any such objection or suggestion has been made, the Government shall consider the record and the report referred to in sub-section (3) and may either— (a) abandon the proposal to issue the notification under sub-section (1), or (b) issue the notification under sub -section (1) with such modification, if any, as it thinks fit. (5) In considering the objections or suggestions, the decision of the Government on the question of issuing the notification under sub-section (1) shall be final and conclusive. 8. Map to be prepared and maintained. — (1) Within two months from the date of publication of the notification under sub -section (1) of section 7 fixing the highway boundary, building line and control line with respect to any highway, the Highway Authority shall cause a map to be made of the area through which such highway passes and shall cause to be marked thereon the highway boundaries and building and control lines and any other particulars necessary for the purposes of this Act and within one month from the date of making any alteration or addition thereto cause the said map to be corrected and such map with the date indicated thereon of the last time when the same shall have been so corrected shall be kept in the office of the Highway Authority. (2) Such map, which shall bear the seal of the Highway Authority shall be open to inspection. (3) Copies of such map shall also be kept for inspection at such other places as may be prescribed. 9. Restrictions on buildings between highway boundary and building lin e and between building and control lines. — (1) Notwithstanding anything contained in any law, custom, agreement or instrument for the time being in force, on and after the appointed day, the following restrictions shall, subject to the provisions of this A ct, be in force, that is to say, — No person shall, without the previous permission in writing of the Highway Authority,— (a) upon any land lying between the highway boundary and the building line proposed to be fixed under sub -section (2), or fixed under sub -section (1) of section 7, as the case may be, (i) construct, form or layout any means of access to, or from, a highway, or (ii) erect any building, or (iii) materially alter any existing building, or (iv) make or extend any excavation, or (v) construct, form or layout any works; or ---6--- (b) upon any land lying between the building line and the control line proposed to be fixed under sub -section (2), or fixed under sub -section (1) of section 7, as the case may be, (i) construct, form or layout any means of access to, or from, a highway, or (ii) erect any building, or (iii) materially alter any existing building; (c) use any building or alter the use of any building already erected in a manner which, in the opinion of the Highway Authority, will, in any manner whatsoever, infringe any of the provisions of this Act or interfere with the use of a Highway adjoining the land on which such building is erected. (2) Every person desiring to obtain such permission under sub -section (1) shall make an application in writing to the Highway Authority in such form and containing such information as may be prescribed in respect of the build ing, alteration, excavation, works or means of access, as the case may be, to which the application, relates. (3) On receipt of such application, the Highway Authority, after making such enquiries as it may consider necessary, shall, by order in writing, either— (a) grant the permission, subject to such conditions, if any, as may be specified in the order, or (b) refuse to grant such permission Provided that— (i) permission under clause (a) of sub-section (1) to the making of any excavation or construction, formation or la ying out of works in land for the purpose of repairing, renewing, enlarging or maintaining any underground sewer, drain, electric line, pipe, duct or other apparatus shall not be withheld nor be made subject to any conditions save such as may be necessary for securing that the sewer, drain, electric line, pipe, duct, or other apparatus shall be laid in such a manner and at such levels that the construction, maintenance, development or improvement of a road thereover will not be prevented or prejudicially affected thereby; (ii) permission under clause (b) of sub-section (1) to the erection or alteration of a building or laying out any means of access to a highway which conforms to the requirements of public health, and wel fare and of safety and convenience of traffic on the adjoining road shall neither be withheld nor made subject to unreasonable conditions: Provided that in the case of means of access required for agricultural purposes such permission shall neither be with held nor be made subject to any conditions save such as may be necessary for securing that the means of access shall be used for agricultural purposes only; (iii) permission under clause (b) of sub -section (1) to the re -erection or alteration of a building which was in existence before the appointed day shall neither be withheld nor made subject to restrictions unless such re-erection or alteration involves any material alteration to the outside appearance of the building. (4) When the Highway Authority refuses permission, the reasons therefor shall be recorded and communicated to the applicant: ---7--- Provided that nothing herein contained shall debar a person from making a fresh application after omitting therefrom the objectionable features communicated to him as aforesaid on account of which such permission was refused. (5) If at the expiration of a period of three months after an application for such permission specifying the name and address of the applicant has been made to the Highway Authority, or such further perio d, not exceeding three months, as may have been notified by the Highway Authority, has elapsed and no decision has been notified in writing, posted or delivered to the applicant at that address, then (except as may otherwise be agreed in writing between th e Highway Authority and the applicant) permission shall be deemed to have been given without the imposition by the Highway Authority of any conditions. (6) The Highway Authority shall maintain a register with sufficient particulars of all permissions given or refused by it under this section and the register shall be available for inspection free of charge by all persons interested and such persons shall be entitled to take extracts therefrom. Explanation— For the purpose of this section, “appointed day” shall, with reference to any highway boundary, building line or control line, mean,— (1) the day on which a notification is published in the Official Gazette under sub- -section (2) of section 7 proposing to fix such highway boundary, building line or control line, and (2) if any modification is made in such highway boundary, building line or control line, the day on which the notification is published under sub -section (1) of section 7, fixing such highway boundary, building line or control line. 10. Appeal.— (1) If any applicant is aggrieved by any decision of the Highway Authority under section 9, withholding permission, or imposing any condition, he may appeal to the Government within thirty days from the date on which such decision was communicated to him. (2) The Gov ernment may, after giving an opportunity to the applicant to be heard, make such order as it thinks fit upon the appeal and the decision of the Government shall be final. 11. Exemption for works in progress, etc. — (1) No restrictions in force under section 9 s hall apply to the erection or making of a building or excavation or to the construction, formation or laying out, of any means of access or works begun before the appointed day referred to in section 9. (2) No restrictions in force under section 9, except res trictions as to the construction, formation or laying out, of means of access, shall apply to any land forming part of a burial or cremation ground or other place for the disposal of the dead being land which has before the passing of this Act, been used for such purposes. (3) No restrictions in force under section 9 shall apply to any excavation or works necessary in connection with any drains, ditches, or other drainage works for agricultural purposes or to any works necessary for the repair, renewal, enlarge ment or maintenance of any sewer, drain, electric line, pipe, duct, or other apparatus, constructed in or upon the land before the date on which the restrictions came into force or with the consent of the Highway Authority on or after that date. ---8--- 12. Setting back of buildings to building line or control line. — Whenever any building or any part thereof erected before the appointed day referred to in section 9 lies between the building line and the middle of the Highway, the Highway Authority may, whenever any such building or part has either entirely or in greater part been taken down, burnt down or fallen down, by notice require such building or part when re -erected to be set back to the building line or control line. 13. Regulation or diversion of right of access to highway. — (1) The Highway Authority may, if it is considered essential in the interests of safety or convenience of traffic, regulate or divert any existing right of access to a highway across land lying between the control line and the highway boundary: Provided that the existing right of access shall not be diverted until alternative access has been given. (2) Where the existing right of access is diverted, the point at which alternative access is given to the highway shall not be unreasonably distant from the existing point of access. (3) The Highway Authority shall, by notification in the Official Gazette, publish the date on which the existing right of access has been diverted and alternative access has been given. 14. Powers of Highway Authority and officers an d servants appointed under section 6 in respect of surveys. — For the purpose of carrying out any of the provisions of this Act, the Highway Authority and the Officers and servants appointed under section 6 may— (a) enter upon, survey and take measurements and levels of any land; (b) mark such levels, dig or bore into the sub soil of any land; (c) demarcate the boundaries of the highway by planting stones or other suitable marks in different colours of a durable nature at intervals all along the highway in such a manner that the imaginary line joining such stones or marks shows the road boundary correctly; (d) where there are bends or kinks on the road boundary, locate the stones or marks in different colours so as to give the correct configuration of the boundary if they are joined by straight lines; (e) give consecutive numbers to such boundary stones or marks and maintain them on the ground as if they constituted part of the highway; (f) lay out the building and control lines by placing marks in different colours and cutting trenches; (g) if the survey cannot otherwise be made, or measurements of levels taken or boundaries marked and lines laid out, cut down and clear away any standing crops, trees, fence or jungle or any part thereof; (h) do all other acts necessary in that behalf: Provided that the Highway Authority shall not, except with the consent of the occupier thereof, enter or permit any of the officers or servants to enter any premises without previously giving such occupier at least forty-eight hours' notice in writing of its intention to do so. ---9--- 15. Acquisition of land or right or interest in land. — (1) If at any time on the application of the Highway Authority the Government is satisfied that any land required for the purposes of a highway or any right or interest o f any person in any land required for the said purposes should be compulsorily acquired or extinguished, as the case may be, it shall be lawful for the Government to publish notification to that effect in the Official Gazette. Such notification shall also be published in such other manner as may be prescribed. (2) A notification so published shall be deemed to be a declaration that the land is needed, or as the case may be, the right or interest is required to be extinguished for the purpose of the highway; and such declaration shall be conclusive that the land is so needed, or the right or interest is so required to be extinguished. 16. Land required to be marked and measured. — The Highway Authority or any officer or servant authorised by the Highway Authority shall thereupon cause the land to be marked out. It shall also cause it to be measured and if no plan is made thereof, a plan to be made of the same. 17. Public Notice and other notices of such requirements for acquisition. — (l) The Highway Authority shall then cause a public notice to be given at convenient places on or near such land stating that the Government intends to take possession of the land, or, as the case may be, to extinguish any right or interest in the land and that claims to compensation for all interest in such land, or any right or interest in land to be extinguished may be made to such officer as the Highway Authority may designate. (2) Such notice shall state the particulars of the land so needed or right or interest in land to be extinguishe d and shall require all persons interested in the land or in the right or interest to be extinguished to appear personally or by an agent before such officer as may be designated, at the time mentioned therein (such time not being earlier than fifteen days after the date of publication of the notice) and to state the nature of their respective right or interest in the land, or, as the case may be, in the right or interest to be extinguished and the amount and the particulars of their claims to compensation for such right or interest or both and their objections, if any, to the measurements made under section 16. The Highway Authority may, in any case, require such statement to be made in writing and signed by the party or his agent. (3) The Highway Authority shall also serve notice to the same effect on the occupier of such land and on all such persons known or believed to be interested therein or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the district in which the land is situated. (4) In case any person so interested resides, elsewhere, a notice shall be served in the manner provided in section 71. 18. Persons required to make statements regarding other persons having interest.— (1) The Highway Authority or the officer authorised by it may also require any such person to make or deliver to it or him at a time not being earlier than fifteen days after the date of the requisition, a statement containing, as far as may be practicable , the name of every other person possessing any interest in the land or in any part thereof, or, as the case may be, in any right or interest in land to be extinguished as co -proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits, if any received or receivable on account thereof in respect of three years next preceding the date of such statement. ---10--- (2) Every person required to make or deliver a statement under this section or under section 17 shall be deemed to be legally bound to do so within the meaning of section 175 and 176 of the Indian Penal Code. Central Act 45 of 1860 19. Taking possession of land. — (1) At any time after the publication of a notification under section 15, the Government may direct that the land specified in the notification shall be taken possession of, or as the case may be, the right or interest specified therein shall be extinguished from such date as may be specified in the direction. (2) From such date the said land shall vest absolutely in the Government free from all encumbrances, or, as the case may be, such right or interest therein shall be extinguished. CHAPTER IV Prevention of unauthorised occupation of and encroachment on a Highway and removal of encroachment 20. Lands forming part of the highway deemed to be Government property.— All lands forming part of a highway which do not already vest in the Government shall, for the purpose of this Chapter, be deemed to be the property of the Government. 21. Prevention of unauthorised occupation of Highway. — (1) No person shall occupy or encroach on any highway within the highway boundaries without obtaining the previous permission in writing of the Highway Authority or an officer authorised in this behalf by the Highway Authority. (2) The Highway Authority or an officer authorised by the Highway Authority in this behalf may, with due regard to the safety and convenience of traffic and subject to such conditions as may be imposed and such rules as may be prescribed by the Government and on payment of such rent or other charges as may be prescribed under such rules, permit any person;— (i) to place a temporary encroachment on any highway in front of any building owned by him or make a temporary structure overhanging the highway, or (ii) to put up a temporary awning or tent, pandal or other similar erection or a temporary stall or scaffolding on any highway, or (iii) to deposit or cause to be deposited building materials, goods for sale or other articles on any highway, or (iv) to make temporary excavation for carrying out any repairs or improvements to adjoining buildings: Provided that no such permission shall be deemed to be valid beyond the period of six months unless expressly renewed by the Highway Authority or the authorised officer. (3) The permission so granted shall clearly specify the date upto which the person is authorised to occupy the highway, the purposes for which occupation is authorised and the exact portion of the highway permitted to be occupied, and shall also be accompani ed by a plan or sketch of that portion of the highway, if necessary. (4) The person in whose favour such a permission has been given shall produce the permit for inspection whenever called upon to do so by the Highway Authority or an ---11--- officer authorised under sub-section (1) and shall at the end of the period specified in the permit release the land occupied by him after restoring it to the same state as before the occupation by him. (5) The Highway Authority or the officer issuing the permission shall maintain a complete record of all such permissions issued, and shall also cause a check -up to be made in every case at the expiration of the period upto which occupation has been authorised to ensure that the land has actually been vacated. 22. Power to cancel permit. — (1) The Highway Authority may cancel any permission granted under section 21— (a) if any rent or charge is not duly paid. (b) if the purpose for which the permission was given has ceased to exist. (c) in the event of any breach by the holder of such permission or any terms or conditions of such permission. (d) if the land on which such encroachment has been made is required for any public purpose or such encroachment is causing impediment or danger to traffic. (2) Where the permission has been cancelled under clause (b) or (d) of sub -section (1), any rent or charge paid in advance shall be refunded to the holder of such permission less the amount, if any, due to the Government. 23. Prevention of encroachment. — (1) When as a result of check of highway boundaries made or otherwise, it transpires that an encroachment has taken place on a highway, the Highway Authority or the officer authorised under sub-section (1) of section 21 shall s erve a notice on the person responsible for the encroachment or his representative requiring him to remove such encroachment and restore the land to its original conditions before the encroachment within the period specified in the notice. (2) The notice shall specify the land encroached upon and the time limit within which such encroachment shall be removed and shall also state that failure to comply within the specified period shall render the person liable to prosecution and also to summary eviction. (3) If the encroachment is not removed within the time limit specified in the notice and no valid cause is shown for non -compliance, the Highway Authority or the authorised officer referred to in sub -section (1) may prosecute such person before the appropriate Magistrate for his having made or caused the encroachment and for his failure to remove it within the specified time. (4) Where the encroachment is made for the purpose of exposing articles for sale, opening temporary booths for vending or other like purpose of a tr ivial nature, the Highway Authority or the authorised officer referred to in sub -section (1) may, with the help of the police, if necessary, have such encroachment summarily removed without issuing a notice as required by sub -section (1) or in lieu of remo val of the encroachment, may give the person responsible for the encroachment option of executing a lease in favour of the Highway Authority on payment of rent for the area encroached upon. (5) When the encroachment is of a temporary nature and can easily be r emoved but is not such as can be described as trivial within the meaning of sub-section (4), the Highway Authority or the authorised officer referred to in sub -section (1), may, in addition to or in ---12--- lieu of prosecuting the person responsible for the encroa chment under sub -section (3), have the encroachment summarily removed with the assistance of the police, if necessary. (6) Where the encroachment is of such a nature that its immediate removal is considered essential in the interests of safety of traffic on the highway or the safety of any structure forming part of the highway, the Highway Authority or the authorised officer referred to in sub-section (1) may, in addition to prosecution of the person under sub-section (3), either— (i) have such protective work, as may be feasible at a reasonable cost, carried out so as to minimise the danger to traffic on the highway, or (ii) have the encroachment removed with the help of the police, if necessary. 24. Appeal against notice served under sub -section (1) of section 23. — Where the person on whom notice to remove an encroachment has been served under sub-section (1) of section 23 lays claim that the land in respect of which encroachment has been alleged in his property or that he has acquired a right over it by virtue of adverse possession or otherwise, he shall, within the time -limit prescribed in the notice for the removal of the encroachment, file an appeal before the Collector under intimation to the Highway Authority or the officer authorised under sub -section (1) of section 21, as the case may be. The Collector shall after due enquiry record his decision in writing and communicate the same to the appellant and the Highway Authority or such officer. The Highway Authority or such officer shall till then desist from taking further action in the matter. 25. Recovery of cost of removal of encroachment. — (1) Whenever the Highway Authority or the officer authorised under sub -section (1) of section 21 has under the provisions of section 23, removed any encroachment or carried out any protective work in respect of any encroachment, the expenditure involved shall be recovered from the person responsible for the encroachment in the manner hereinafter provided. (2) A bill, representing the expenditure incurred shall be served by the Highway Authority or the authorised officer referred to in sub-section (1) on the person responsible for the encroachment or his representative with a direction to pay up the amount within a specified period to the Authority mentioned in the bill. (3) The bill shall b e accompanied by a certificate from the Highway Authority or the authorised officer referred to in sub -section (1) to the effect that the amount of expenditure indicated in the bill represents the charges incurred and such a certificate shall be conclusive proof that the charges had actually been incurred. (4) The materials, if any, recovered as a result of the removal of any encroachment shall be handed over to the person responsible for the encroachment on payment of the amount of the bill by him but in the e vent of his failure to pay up the amount within the specified period, the materials may be auctioned and after deducting the amount of the bill from the proceeds, the balance, if any, shall be made over to such person. (5) If the proceeds of the auction sale d o not cover the total amount billed for, the excess over the amount realised by the sale of materials, or if there are no materials to dispose of and the billed amount has not been paid by the person responsible for the encroachment within the specified period, the entire amount of the bill shall be recovered from such persons as an arrear of land revenue. ---13--- CHAPTER V Compensation 26. Doing minimum damage in certain cases and compensation. — In the exercise of the powers under the following provisions by the Highway Authority or any officer or servant appointed under section (6) or any other person authorised by or under this Act by the Government, as little damage as can be, shall be done and compensation in the manner prescribed by or under this Act shall be paid to any person who sustains damage in consequence of the exercise of such powers, namely:— (a) the imposition of restrictions under section 9; (b) the setting back of any building or part thereof under section 12; (c) the regulation or diversion of any right of access to a highway under section 13; (d) the entry, survey, measurement and doing of any of the acts on any land under section14; (e) the acquisition of any land or the extinguishment of any right or interest in the land under section 15; (f) the closure of any highway or part thereof under section 52. 27. Determination of amount of compensation by agreement. — The amount of compensation payable under section 26, the persons to whom it is to be paid and the apportionment of such amount among the persons interested the rein shall be determined by agreement between the Highway Authority or any officer authorised by Government and the person or persons claiming interest therein. 28. Determination of amount of compensation in default of agreement. — (1) In default of any agreeme nt under section 27, the Highway Authority or the officer authorised by the Government shall, subject to the provisions of this Act, after holding an enquiry make an award determining— (a) the true area of the land, if any, acquired, (b) the amount of compensation to be paid under section 26, (c) the apportionment, if any, of such compensation among all persons known or believed to be entitled thereto: (2) In determining the amount of compensation, the Highway Authority or the officer so authorised shall be guided by the provisions contained in section 23 and 24 and other relevant provisions of the Land Acquisition Act, 1894, subject to the modification that references in section 23 and 24 of that Act to the date of publication of the notification under sub -section (1) of section 4 thereof, were references to the date on which the declaration under section 15 of this Act is published; and the references to the time or date of publication of the declaration under section 6 of that Act were references to the date of publication of the declaration under section 15 of this Act. Central Act 1 of 1894 ---14--- 29. No compensation if similar restrictions in force under any other law or if compensation already received.— No compensation shall be awarded— (i) if and in so far as the land is subject to substantially similar restrictions in force under some other law which was in force on the date on which restrictions were imposed by this Act; (ii) if compensation in respect of the same restrictions imposed under this Act or substantially similar restrictions in force under any other law has already been paid in respect of the land to the claimant or to any predecessor in interest of the claimant. 30. Compensation for refusal of permission to build not exceed difference between its value when it was refused and when it would have been granted. — When permission to erect any building has been refused under section 9 or 10, the amount of compensation shall not exceed the difference between the value of the land as determined by section 23 or 24 of the Land Acquisition Act, 1894 and the value which it would have had if the permission had been granted. In determining such value any restrictions to which the land is subject under any other law for the time being in force in regard to the right of person claiming compensation to erect a building on the land or otherwise to use, hold or dispose of the same shall be taken into consideration. Central Act 1 of 1894 31. Compensation for diversion of access not to exceed cost of alternative access.— Where the right of access to a highway has been destroyed as a result of the diversion or closure thereof and an alternative access has been given, the amount of compensation shall in no case exceed the cost of laying a new means of access from the property of the claimant to such alternative route. 32. Compensation for cutting of standing crops, trees etc. — (1) At the time of an entry, survey or measurement or doing of any of the things under section 14, the officer making the entry, survey or measurement or doing a ny other thing shall pay or tender to any person entitled compensation for all necessary damage done as a result of such entry, survey measurement or execution of the work, including the cutting of standing crops, trees, or removal of temporary structures, if any, on the land. If the sufficiency of the amount so paid or tendered is disputed, the officer concerned shall at once refer the dispute to the Highway Authority and the said Authority shall with the least practicable delay decide the dispute and pay the person entitled the amount determined as compensation. The decision of the Highway Authority shall be final. (2) If at the time of taking possession of the land under section 19 there are any standing crops, trees, or temporary structures on the land, the Highway Authority shall pay or tender to the person entitled the amount of compensation of such standing crops, trees, or temporary structures. If the sufficiency of such amounts is disputed, the value of such crops, trees and temporary structures shal l be taken into consideration in determining the amount of compensation for the land under section 28. 33. No compensation for unauthorised erections.— If any person has unauthorisedly erected, re-erected, or added or altered any building on any land which is acquired for the purpose of a highway, then any increase in the value of the land from such erection, re- -erection, addition or alteration shall not be taken into account in estimating the value of the land. ---15--- 34. No compensation for removal of encroachment. — No compensation shall be payable for the removal of any encroachment. 35. Reference against award of Highway Authority or authorised officer under section 28. — (1) Any person aggrieved by the award of the Highway Authority or the officer authorised under section 28 may, by a written application to the Highway Authority or such officer, as the case may be, require that the matter be referred to the Civil Judge within the limit of whose jurisdiction such land is situated. (2) Any such application shall be ma de within sixty days from the date of the award, and shall be in such form as may be prescribed. (3) The provisions of sections 5, 12 and 14 of the Limitation Act, 1963 shall apply to the computation of the time fixed for making the application under sub-section (2). Central Act 36 of 1963 (4) The Highway Authority or the officer authorised shall make the reference in such manner as may be prescribed. 36. Procedure and powers of the authorities empowered to decide references under sections 35 and 44 .— (1) References under sections 35 and 44 shall be deemed to be proceedings within the meaning of section 141 of the Code of Civil Procedure, 1908 and in the trial thereof th e authorities empowered to decide such references may exercise all the powers of a civil court under that code. Central Act 5 of 1908 (2) The scope of the enquiry in a reference under section 35 or 44 shall be restricted to a consideration of the matters referred to the authorities mentioned in sub -section (1) in accordance with the provisions of this Act. 37. Superintendent of Police to enforce surrender or remove any encroach - ment.— If the Highway Authority or any officer or servant is opposed or im peded in taking possession of any land or in executing any work or in removing any encroachment under this Act, the Highway Authority or officer or servant concerned shall apply to the Superintendent of Police or such Police Officer as the Gov
Excerpt shown. Open the full act in Lexace.